THE CHARITIES ACT (NORTHERN IRELAND) 2008

   THE CHARITIES ACT (NORTHERN IRELAND) 2013

THE CHARITY TRIBUNAL RULES (NORTHERN IRELAND) 2010

 

 

The Charity Tribunal for Northern Ireland

 

 

Appeal Reference:  3/17

 

                                    Heard in Chambers on 15 May 2017

 

 

 

Before

 

Damien J. McMahon

 

PRESIDENT

 

 

Between

 

NORTHERN IRELAND CO-OWNERSHIP HOUSING ASSOCIATION LIMITED

Appellant

and

 

THE CHARITY COMMISSION FOR NORTHERN IRELAND

Respondent

 

 

DIRECTION NOTICE 

 

WHEREAS the Appellant, through its solicitors filed an appeal on 10 May 2017 against a decision of the Respondent dated 31 March 2017, received by the Appellant on 3 May 2017, (‘the Decision’) together with an application for a direction pursuant to Rule 3 of the Charity Tribunal Rules (Northern Ireland) 2010 to stay these proceedings pending a decision by the Respondent on a request from the Appellant that it review the Decision;

 

AND WHEREAS the Respondent wrote to the Appellant’s solicitors on 9 May 2017 consenting to such application for a direction;

 

 

 

 

IT IS ORDERED AND DIRECTED that

 

1.      these proceedings are stayed with immediate effect pending a decision has been made by the Respondent reviewing the Decision;

 

2.      the Respondent shall make its review decision within 28 days of the date of issue of this Direction Notice.

 

3.      the Appellant shall immediately thereafter advise the Tribunal in writing either that it wishes to proceed with its appeal or that it wishes to withdraw its appeal. 

 

4.      if a party wishes to apply to vary these directions, it shall do so in writing to the Tribunal, copied to the other party, setting out its reasons, before the time for implementing any direction has expired.

 

 

                                                                 REASONS

 

 

The Tribunal determined, on the balance of probabilities, that the fair, just and equitable approach was to make a direction staying these proceedings to allow the Respondent to review the Decision; to enable the parties to prepare for the hearing of the appeal; to assist the Tribunal to determine the issues and to ensure the just, expeditious and economical determination of the appeal.

 

 

 

Signed

 

 

Damien J. McMahon

President

 

 

Date: 15 May 2017